21 July 2022 · Committee
Ballavarvane Farm, Braaid Road, St. Marks, Ballasalla, Isle Of Man, IM9 3ap
Permission was granted for alterations to two existing farm access points at Ballavarvane Farm, Braaid Road, St Marks, Isle of Man. The farm straddles the A26 and the proposal also included a new farm track to connect the fields to the main farm buildings. The application was made by Wide Acre Limited. The site comprises two agricultural fields of approximately 9.5 acres each, on the outskirts of St Mark's village. The A26 bisects the farm diagonally, making safe and practical access a practical concern. The committee approved the application on 21 July 2022, subject to seven conditions and a legal agreement.
The Department of Environment, Food and Agriculture approved the application on 21 July 2022. The officer had recommended approval subject to a legal agreement, and the committee agreed. Key planning considerations included the principle of the development, highway safety on the A26, and the impact on trees and biodiversity.
protection of the countryside
Design and visual impact
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
exceptions to development in the countryside
General development control principles
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Protection of the countryside
visual impact
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over- riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
Protection of Trees and woodland
ar sea views. Additionally, services for networked water supply and other essential utilities would be difficult to provide for additional development in this area (see Maps 3, 7 and 9). Natural Environment Proposal 3 (Green Gap) Between the settlements of Laxey and Baldrine, development which would erode the separation and detract from the openness between the settlements will not be supported. Glen Vine and Crosby - These two settlements, although proximate in location, are separate and distinct in many ways. Consultation has clearly demonstrated this through the views expressed during the stages of plan development. In cases such as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated as a priority habitat. In order to ensure protection and positive management of the Uplands, the following proposal is appropriate: Environment Proposal 6 Uses of the Uplands that contribute to the management and preservation of this distinctive environment will be supported. Dark Skies On the Isle of Man, 26 Dark Sky Discovery Sites have been identified, of which nine are located in the East. They are classified as Milky Way Sites meaning that at these sites the Milky Way is visible to the naked eye. The sites are accessible and light pollution is limited. The following Dark Sky Discovery Sites are located within the East: • Port Soderick Upper Car Park • Port Soderick Brooghs, Little Ness Car Park • Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoi
Loss of versatile agricultural land
also to entail the permanent loss of some versatile A2 agricultural land, falling within Class 3/2 as shown on the Agricultural Land Use Capability Map of the Isle of Man. This would be counter to Environment Policy 14 of the Strategic Plan. In my view, this should tell against the retention of this land as a Strategic Reserve Site. 348 I recommend that the proposal to show Site BH032 as a Strategic Reserve Site for potential residential development be deleted from the Area Plan. Site GH011 - Ballacollister Road, Laxey; and Site GH015 - Briar Dale, South Cape, Laxey 349 Site GH011 consists of about 2ha of open land on the east side of Ballacollister Road, Laxey, immediately to the north of that village's existing built up area. It is allocated for residential development in the Laxey and Lonan Area Plan 2005, but is outside the existing settlement boundary of Laxey as shown in the draft Area Plan. In 2007, planning approval in principle was granted for six dwellings on this land, but this was never taken, up and has now lapsed. 350 Site GH015 is contiguous with Site GH011, to the north-east. It has an area of about 0.22ha, and is shown as woodland in the Laxey and Lonan Local Plan 2005. It is outside the settlement boundary of Laxey, as shown in the draft Area Plan. 351 In the draft Area Plan as published in May 2018, these sites were allocated for residential development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that they would be relegated to the status of Strategic Reserve Sites. 352 Mr M Perkins referred to current sewage problems in this area, although I understand that new provision for sewage treatment is planned for Laxey. Miss P Newton felt that the development of this land would detract from the visual amenity of Laxey. It would be visible across a wide area, and would require the removal of trees. M Turner and A Kennaugh referred to the poor access, and considered that Site GH011 should remain in agricultural use. Inspector's Conclusions 353 I consider that, at present, access to these sites is unsatisfactory. Ballacollister Road is a single-track lane, which would require widening to permit two vehicles to pass one another without difficulty. Its junction with the A2 is sub-standard. 354 In view of this, I am not convinced that these small sites should be considered as providing an appropriate location for a sustainable extension to Laxey. Furthermore, I have seen no evidence that there is a local housing need that would justify the extension of this settlement into the surrounding countryside. In the circumstances, I am not persuaded that there is a case for either site to be reserved for future development. 355 I recommend that neither Site GH011 nor Site GH015 be allocated for residential use in the Area Plan, either for immediate development, or as strategic reserve land. Site GH020 - Land adjacent to Ard Reayrt, Laxey 356 Site GH020 comprises about 1.5ha of undeveloped land within the existing settlement boundary of Laxey, as shown in the draft Area Plan. It is within an established housing area, in a hillside location, on the northern side of the village. It was allocated for residential development in both the 1982 Development Plan and the Laxey and Lonan Local Plan 2005. In the draft Area Plan as published in May 2018, it was proposed as a residential allocation for immediate development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that it would be relegated to the status of a Strategic Reserve Site. 357 Mr M Perkins referred to the surface water drainage problems in Laxey. There had been recent flooding events in the village and these could be expected to increase in frequency and intensity as a result of climate change. Development of this site would exacerbate this problem, by accelerating the rate of run-off from the newly installed hard surfaces. The soils here are shallow and overlie rock. As a result soakaways quickly overflow. Inspector's Conclusions 358 During the course of the inquiry, there was a serious flood event in Laxey, and it is important that the risk of further such events should not be exacerbated. In my view it would be poor planning to provide for the development of this site without being certain that measures could be taken to ensure that there would be no increase in the rate of surface water run-off. On the evidence available to me, I am not certain that this would be possible. In the circumstances, I consider that the allocation of this site should be deleted from the Area Plan. 359 I recommend that Site GH020 be deleted from the Area Plan as either a specific housing allocation or as a reserve site for residential development. Site GH038 - Land between Balacollister Road, Rencell Hill and Axenfel Lane, Laxey 360 This is a parcel of about 0.8ha of undeveloped land. The draft Area Plan shows it to fall outside the Existing Settlement Boundary of Laxey, which runs along its northern and
Highway safety
highway safety
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the commencement of works on site, a 'development within 9 meters of a watercourse form' noting the mitigation measures to protect the water course from debris entering, should be submitted to and approved in writing by the Department. All works in the vicinity of the water course shall be carried out in accordance with the approved details.
Condition 3
All planting and seeding comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons (November - March) prior to the use of the proposed entrances. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Condition 4
There shall be no external lighting of the proposed roadway or entrances hereby approved.
Condition 5
The visibility splay(s) identified on drawing referenced; 12 - Site entrances Visibility Splays, shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level.
Condition 6
The existing access to field 434589 located to the south of the highway that is to be relocated, shall be infilled and landscaped (as shown on drawing 11) in accordance with the approved plans within 3 months of the new accesses being constructed.
Condition 7
No site clearance, preparatory work or development shall take place until a tree planting schedule in accordance with drawing (referenced; MP-251021 - Tree Planting Plan) is submitted to and agreed in writing by the Department. Where applicable the schedule shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include the following details: - (a) the exact, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted please state the area and planting density. - (b) the approximate date when they are to be planted - (c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.